Terms & Conditions
Customer Agrees To:
use the Services for lawful purposes pay in full to Greencom the call charges and costs (plus applicable taxes) without any set-off or deductions by the fourteenth day after the date of invoice pay the appropriate once off charge for account set up bear all line rental costs charged by eircom, its successors or assigns keep Greencom informed of Customer’s name, address and telephone numbers and such other information reasonably necessary for the provision of the Services.
Our Service Obligations
Greencom will engage a reputable third party to provide independent verification of the amount of donations to be paid to Affiliated Charities and that the charities have received directed revenues. Greencom may assign this Agreement on notice or subcontract any of its obligations to competent (after reasonable inspection) third parties.
Call charges shall be calculated at the appropriate cents per minute tariff divided by 60 and multiplied by call duration in seconds, rounded to the nearest 1/10th cent plus call set up fee. Greencom’s call logging data for the Customer shall be conclusive unless the contrary is shown. Greencom may decrease the tariff without notice or increase the tariff on 21 days written notice. Greencom reserves the right to charge interest on unpaid sums from the due date for payment to the date of actual payment (inclusive) at the rate of seven per cent above the European Central bank base rate from time to time in force compounded annually. If the Customer disputes any invoice, the Customer should contact Greencom’s Customer care centre in writing or by telephone within 10 days of invoice otherwise the sum must be paid in full.
Calls covered by the Affiliation Scheme are local, national, and international calls. Calls to mobiles, and calls to Greencom’s 11810 directory enquiry Service, that are routed from the Customer’s CLI number through Greencom’s connection to the PSTN Donations once paid by Greencom cannot be refunded. The Customer’s choice of Affiliated Charity must remain fixed for at least twelve months at a time. Changes must be notified to Greencom on 7 days notice.
GREENCOM may assign this Agreement to an Affiliate without consent. The Customer shall not assign this Agreement in whole or in part without the prior written consent of Greencom.
Failure by either party to exercise or enforce any right conferred by this Agreement shall not be deemed to be a waiver of any such right and does not operate so as to bar the exercise or enforcement thereof, or of any such right or any other right on any later occasion. Any deficiency in the Customer’s authority to avail of the Service or to use the Equipment shall not preclude reliance by Greencom on any of its rights under this Agreement.
Variations and Termination
The Customer may terminate this Agreement at will. Greencom, however may only terminate this Agreement forthwith if the Customer is in breach of a term of this Agreement or in Greencom’s reasonable opinion is in breach of its undertaking as hereinafter provided.
4.2 The Customer undertakes not to use the Service or the Equipment:
- for any improper, immoral or unlawful purpose, nor cause any nuisance by the use of the Service, nor allow others to use the Service for any of the foregoing purposes, in a way that may cause degradation of service levels to other customers as determined by Greencom or put the Greencom network at risk; or
- for the transmission of any material which is, may be or is intended to be a hoax or is a defamatory, offensive, abusive, obscene or menacing nature; or
- for the infringement of intellectual property rights or trade secrets of another party; or
- for the processing of automated personal data as defined in the Data Protection Legislation;
- in any manner which does not comply with the terms of any legislation or any licence or authorization applicable to the Customer or any instructions given by Greencom from time to time.
4.4 The Customer hereby agrees to avail of the Service subject to the provisions of the Telecommunications Scheme in force for the time being, the Single Billing Scheme, the Guide and the provisions of any legislation applicable hereto. Use of the Service by the Customer or by another person (whether or not such person is acting with the authority of the Customer) shall be deemed to be an acceptance by the Customer of the terms and conditions of this Agreement and the terms of Annex C (Service Schedule 401) to the Reference Interconnect Offer Agreement.
4.4 You shall ensure that all persons having access to the Service or the Equipment comply with the terms and conditions herein stated.
4.5 You shall ensure that all Equipment is maintained and kept in good working order
4.6 You shall comply and are bound by all conditions of any licence under which the Equipment is provided
4.8 You shall inform Greencom of any change in your name, address and/or telephone number(s) as provided by you in the Application Form (the “Personal Data”). The Customer hereby warrants that the Personal Data is true and accurate in all respects at the date hereof and undertakes tonotify Greencom of any changes to same during the term of this Agreement Greencom may suspend or change the Services to comply with any emergency, safety or statutory requirements; or where the change does not materially detract from the quality or performance of the Services. Failure by either party to exercise or enforce any right shall not be deemed to be a waiver of any such right.
Greencom shall not be liable to the Customer for any loss of revenue, business, contracts, savings, profits or goodwill (whether direct or indirect) or any type of special, indirect or consequential loss, even if reasonably foreseeable.
The Customer fully and effectively indemnifies Greencom against all losses, damages, costs, and liabilities which Greencom may be incur by reason of any breach by the Customer of its obligations under this Agreement or arising from or connected in any way with the use of the Service and/or the Equipment.
Greencom shall not be obliged to carry out any obligation where performance of such obligation is prevented due to any cause beyond its reasonable control, including but not limited to, any act of God, severe weather, power failures or shortages, labour shortages or disputes, the act or omission of third parties, governments or authorities. Greencom shall have no liability under this agreement for the acts and omissions of other telecommunication operators.
Information and Notices
USE OF INFORMATION
In accordance with the Data Protection Legislation any information obtained by Greencom through an application for or the use of the Service may be accessed and used by Greencom its agents and subcontractors for the purposes of credit references, accurate billing and efficient operation of the Service, including disclosure to and retention by Eircom in connection with the operation, suspension and/or termination of the Service. The Customer shall be deemed in accepting these terms and conditions to have given consent for the use of his information for such purposes. The use of such information for purposes other than those outlined in this Agreement shall be subject to the Customer’s consent as given through the Customer Authorisation process. Greencom shall send notices to the Customer’s billing address unless informed otherwise in writing.
Services means connection to the Public Service Telephone Network identified by unique Caller Line Identification (CLI) (telephone) number. Affiliated Charity means an organization contracted to Greencom to receive charitable donations The Verbal third party verification process shall mean the process whereby the Customers request for service was conducted by means of an oral information exchange as between the Customer and Greencom.
Donate The Difference is a product option whereby the customer pays the same rates as the current Eircom standard rates and the customers chosen charity receives an estimated €100 per year.
Share the Difference is a product option whereby the customer receives cheaper rates than the current Eircom standard rates and the customers chosen charity receives an estimated €53 per year.
Any clause (or part thereof) that is unenforceable or illegal will be severed from this Agreement and will not affect the enforceability of the remaining provisions. This Agreement is governed by the laws of Ireland, and the parties agree to submit disputes in connection with this Agreement to the exclusive jurisdiction of the courts of Ireland.
The request for service, the Verbal third party verification process and these terms and conditions constitute the entire agreement between the parties in relation to the Service and, for the avoidance of doubt, supersede any terms which may have governed the provision of the Services to the Customer. In the event of a conflict between these Terms and Conditions and the Code, these Terms and Conditions shall prevail. Greencom reserves the right to alter any terms of this Agreement upon 14 days notice to the Customer. In the event of any such alteration, the Customer shall be entitled to terminate the Service without penalty, subject to payment by the Customer in full of all charges due prior to the date of receipt of such notice by Greencom. The Customer’s continued use of the Services shall be deemed to be acceptance of any amendment. Any dispute that arises in relation to this Service shall be dealt with in accordance with the dispute process contained in the section entitled “Code of Practice” as amended from time to time on www.greencom.ie. For the avoidance of doubt, the Customer’s obligations under this Agreement, including payment obligations, shall not be affected for the duration of the complaint resolution. If any provisions of the Agreement are held to be unenforceable, illegal or void in whole or in part the remaining portions of the Agreement shall remain in full force and effect. This Agreement shall be governed by and construed in accordance with Irish Law and the parties hereby submit to the exclusive jurisdiction of the Irish Courts.